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Swiantek ex rel. M.L.S. v. Colvin

United States District Court, Second Circuit

January 29, 2014

TAMARA SWIANTEK on behalf of M.L.S., Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

The above-referenced case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. §636(b)(1)(B). Both plaintiff and defendant moved for judgment on the pleadings. On October 30, 2013 Magistrate Judge Scott issued a Report and Recommendation recommending that the decision of the Acting Commissioner of Social Security be affirmed, defendant's motion for judgment on the pleadings be granted, and plaintiff's motion for judgment on the pleadings be denied.

Plaintiff filed objections to the Report and Recommendation issued by the Magistrate Judge. Defendant filed a response on December 3, 2013 and plaintiff replied on December 29, 2013. The Court deemed the matter submitted without oral argument.

Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon de novo review, and after reviewing the submissions of the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, defendant's motion for judgment on the pleadings is granted and plaintiff's motion for judgment on the pleadings is denied. The Clerk of the Court is instructed to close the case.

SO ORDERED.


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